OSEP Policy Documents Regarding the Education of Infants, Toddlers, Children and Youth with Disabilities

STATE EDUCATION AGENCY GENERAL SUPERVISORY AUTHORITY

Disclaimer: Letters issued prior to December 3, 2004, may not be consistent with the IDEA, as revised by P.L. 108-446. Letters issued prior to August 14, 2006 may not be consistent with the final regulations for Part B published on that date at 71 Federal Register 46540. Readers are advised to consult with the current statute and final regulations.

Letter to William L. Librera, Ed.D.
December 20, 2004
Topic: State Educational Agency General Supervisory Authority
Letter reiterating the Department's position that the New Jersey Department of Education must afford parents of children with disabilities living in New Jersey and attending school in New York under a contract between New Jersey and New York school districts access to New Jersey's due process procedures and clarifying applicable procedures if parents request changes to educational programs for children with disabilities who live in New Jersey and attend school in New York.MS Word (38K) |
PDF (208K)

Letter to William L. Librera, Ed.D.
May 26, 2004
Topic: State Educational Agency General Supervisory AuthorityLetter clarifying that the state education agency (SEA) is ultimately responsible for ensuring that all Part B requirements, including eligibility, evaluation, and procedural safeguards, are met for eligible children residing within the state, including those children served by a public agency other than a local educational agency.MS Word (31K) |
PDF (253K)

Letter to Honorable William L. Librera
October 24, 2003
Topic: State Educational Agency General Supervisory AuthorityLetter prohibiting a state or school district from entering into an agreement with another entity to provide special education and related services, but the state and school district remain responsible for ensuring the provision of a free appropriate public education to the child, and the parents cannot be denied the opportunity to pursue complaints against the State and school district.MS Word (26K) |
PDF (126K)

Letter to Ms. Diana MTK Autin
October 24, 2003
Topic: State Educational Agency General Supervisory AuthorityLetter clarifying that the IDEA does not prohibit a state or school district from entering into an agreement with another entity to provide special education and related services, but the state and school district remain responsible for ensuring the provision of a free appropriate public education to the child, and the parents cannot be denied the opportunity to pursue complaints against the state and school district.MS Word (25K) |
PDF (125K)

Redacted letter
June 25, 2003
Topic: State Educational Agency General Supervisory Authority
Letter clarifying the state educational agency's (SEA) general supervisory responsibilities and explaining that the IDEA and its implementing regulations do not (1) specify the manner or method in which a state educational agency must conduct an independent onsite investigation of a complaint or (2) require that students with disabilities attain particular graduation rates for a state to meet its obligations under the IDEA.MS Word (23K) |
PDF (139K)

Letter to Honorable Theodore S. Sergi
March 24, 2003
Topic: State Education Agency General Supervisory AuthorityLetter regarding the state's due process hearing procedures and compliance with the Special Conditions on its federal fiscal year 2002 grant award under Part B.MS Word (47K) |
PDF (183K)

Letter to Ms. Shan Goff
October 17, 2002
Topic: State Educational Agency General Supervisory Authority
Letter regarding improvement activities required to address areas of noncompliance in the provision of speech-language services as a related service to children with disabilities, identified during the Office of Special Education Program's monitoring activities.MS Word (38K) |
PDF (89K)

Letter to Dina O. Harris, Esq.
June 27, 2002
Topic: State Educational Agency General Supervisory AuthorityLetter regarding the ability of a state educational agency (SEA) to reduce or withhold funds from a local educational agency (LEA) that is not meeting its obligation to provide FAPE to all students with disabilities it is responsible for serving.MS Word (52K) |
PDF (121K)

Letter to Mr. Ed Kapel
November 6, 2001
Topic: State Educational Agency General Supervisory AuthorityLetter regarding a state's obligation to resolve complaints in accordance with the complaint requirements in Part B within the required timeline.MS Word (38K) |
PDF (89K)

Letter to Ms. Holly B. Nann
September 21, 2001
Topic: State Educational Agency General Supervisory AuthorityLetter regarding the requirements for filing a complaint with a state educational agency and the obligations the state has in responding to a filed complaint.MS Word (38K) |
PDF (136K)

Redacted letter
May 24, 2001
Topic: State Educational Agency General Supervisory Authority
Letter regarding a state's obligation to ensure that referral and placement of students with disabilities by a local educational agency complies with federal and state requirements under the IDEA.MS Word (22K) |
PDF (85K)

Redacted letter
April 30, 2001
Topic: State Educational Agency General Supervisory Authority
Letter regarding the finality of due process hearings and whether the state statute concerning limitations to reimbursement for private school tuition and exceptions for those limitations complies with the requirements of the IDEA.MS Word (32K) |
PDF (61K)

Letter to Honorable Wayne T. Gilchrest
April 16, 2001
Topic: State Educational Agency General Supervisory Authority
Letter regarding the finality of due process hearings and whether the state statute concerning limitations to reimbursement for private school tuition and exceptions for those limitations complies with the requirements of the IDEA.MS Word (51K) |
PDF (214K)

Letter to Dr. Alice Parker
March 19, 2001
Topic: State Educational Agency General Supervisory AuthorityLetter regarding a state's obligation to monitor the compliance of local educational agencies (LEAs), and to take action in response to noncompliance.MS Word (40K) |
PDF (156K)

Letter to Honorable John Edwards
December 20, 2000
Topic: State Educational Agency General Supervisory Authority
Letter clarifying that, to reduce paperwork, there is no requirement that school districts use any specific forms as long as their content is consistent with the IDEA Amendments of 1997.MS Word (43K) |
PDF (143K)

Letter to Dr. Alice Parker
June 21, 2000
Topic: State Educational Agency General Supervisory Authority
Letter regarding the status of California's compliance with the requirements of Part B of IDEA.MS Word (40K) |
PDF (85K)

Letter to William K. Callender and Ruby Simmonds
March 30, 2000
Topic: State Educational Agency General Supervisory Authority
Letter regarding special conditions placed on expenditure of funds because of these Virgin Island
agencies' status as high risk grantees.MS Word (40K) |
PDF (85K)